BILL NUMBER: AB 390	CHAPTERED  09/28/99

	CHAPTER   547
	FILED WITH SECRETARY OF STATE   SEPTEMBER 28, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 28, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	PASSED THE SENATE   AUGUST 23, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JULY 12, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999

INTRODUCED BY   Assembly Member Scott

                        FEBRUARY 11, 1999

   An act to amend Sections 16118, 16119, 16120.05, and 16121.05 of
the Welfare and Institutions Code, relating to human services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 390, Scott.  Adoption assistance.
   Existing law provides for the payment, by the State Department of
Social Services and counties, of cash assistance to eligible families
that adopt eligible children, and bases the amount of the payment on
the needs of the child and the resources of the family to meet those
needs.
   Existing law specifies what county shall be responsible for
determining a child's eligibility under the Adoption Assistance
Program and for providing financial aid.
   This bill would revise the responsibility of counties with respect
to children relinquished for adoption prior to a determination of
eligibility to make the county in which the relinquishing parent
resides responsible for the eligibility determination and for
providing financial aid.
   This bill would revise the adoptive program eligibility standards
and would revise the basis for determining the negotiated amount of
the adoption assistance cash benefits.  The bill would also revise
references to renewal of the adoption assistance agreement to refer
instead to a reassessment of the child's needs.
   Existing law requires the department to determine when an adoption
assistance overpayment has been made to an adoptive family when a
child has not received services for which the adoption assistance
benefits were authorized and to recover overpayment of adoption
assistance benefits.
   This bill would recast that requirement to specify that the
adoption overpayments would result if the adoptive parents are no
longer legally responsible for the support of the child, the child is
no longer receiving support from the adoptive parents, or the
adoptive family has committed fraud.
   By increasing the responsibilities of counties, this bill would
result in a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 16118 of the Welfare and Institutions Code is
amended to read:
   16118.  (a) The department shall establish and administer the
program to be carried out by the department or the county pursuant to
this chapter.  The department shall adopt any regulations necessary
to carry out the provisions of this chapter.
   (b) The department shall keep any records necessary to evaluate
the program's effectiveness in encouraging and promoting the adoption
of children eligible for the Adoption Assistance Program.
   (c) The department or the county responsible for providing
financial aid in the amount determined in Section 16120 shall have
responsibility for certifying that the child meets the eligibility
criteria and for determining the amount of financial assistance
needed by the child and the adopting family.
   (d) The department shall actively seek and make maximum use of
federal funds that may be available for the purposes of this chapter.
  All gifts or grants received from private sources for the purpose
of this chapter shall be used to offset public costs incurred under
the program established by this chapter.
   (e) For purposes of this chapter, the county responsible for
determining the child's Adoption Assistance Program eligibility
status and for providing financial aid in the amount determined in
Sections 16120 and 16120.1 shall be the county that at the time of
the adoptive placement would otherwise be responsible for making a
payment pursuant to Section 11450 under the CalWORKs program or
Section 11461 under the Aid to Families with Dependent
Children-Foster Care program if the child were not adopted.  When the
child has been voluntarily relinquished for adoption prior to a
determination of eligibility for such a payment, the responsible
county shall be the county in which the relinquishing parent resides.
  The responsible county for all other eligible children shall be the
county where the child is physically residing prior to placement
with the adoptive family.  The responsible county shall certify
eligibility on a form prescribed by the department.
  SEC. 2.  Section 16119 of the Welfare and Institutions Code is
amended to read:
   16119.  (a) At the time application for adoption of a child who is
potentially eligible for Adoption Assistance Program benefits is
made, and at the time immediately prior to the finalization of the
adoption decree, the department or the licensed adoption agency,
whichever is appropriate, shall provide the prospective adoptive
family with information, in writing, on the availability of Adoption
Assistance Program benefits, with an explanation of the difference
between these benefits and foster care payments.  The department or
the licensed adoption agency shall also provide the prospective
adoptive family with information, in writing, on the availability of
reimbursement for the nonrecurring expenses incurred in the adoption
of the Adoption Assistance Program eligible child.  The department or
licensed adoption agency shall also provide the prospective adoptive
family with information on the availability of mental health
services through the Medi-Cal program or other programs.
   (b) The department or the licensed agency shall encourage families
that elect not to sign an adoption assistance agreement to sign a
deferred adoption assistance agreement.
   (c) The department or the county, whichever is responsible for
determining the child's eligibility for the Adoption Assistance
Program, shall assess the needs of the child and the circumstances of
the family.
   (d) (1) The amount of an adoption assistance cash benefit, if any,
shall be a negotiated amount based upon the needs of the child and
the circumstances of the family.  There shall be no means test used
to determine an adoptive family's eligibility for the Adoption
Assistance Program.  In those instances where an otherwise eligible
child does not require a cash benefit, Medi-Cal eligibility may be
established for the child, as needed.
   (2) For purposes of paragraph (1), "circumstances of the family"
includes the family's ability to incorporate the child into the
household in relation to the lifestyle, standard of living, and
future plans and to the overall capacity to meet the immediate and
future needs, including education, of the child.
   (e) The department or the licensed adoption agency shall inform
the prospective adoptive family regarding the county responsible for
providing financial aid to the adoptive family in an amount
determined pursuant to Sections 16120 and 16120.1.
   (f) The department or the licensed adoption agency shall inform
the prospective adoptive family that the adoptive parents will
continue to receive benefits in the agreed upon amount unless one of
the following occurs:
   (1) The department determines that the adoptive parents are no
longer legally responsible for the support of the child.
   (2) The department determines that the child is no longer
receiving support from the adoptive family.
   (3) The adoption assistance payment exceeds the amount that the
child would have been eligible for in a licensed foster home.
   (4) The adoptive parents demonstrate a need for an increased
payment.
   (5) The adoptive parents voluntarily reduce or terminate payments.

   (6) The adopted child has an extraordinary need that was not
anticipated at the time the amount of the adoption assistance was
originally negotiated.
  SEC. 3.  Section 16120.05 of the Welfare and Institutions Code is
amended to read:
   16120.05.  The adoption assistance agreement shall, at a minimum,
specify the amount and duration of assistance.  The date for
reassessment of the child's needs shall be set at the time of the
initial negotiation of the adoption assistance agreement, and shall,
thereafter be set at each subsequent reassessment.  The interval
between any reassessments may not exceed two years.
   The adoption assistance agreement shall also specify the
responsibility of the adopting family for reporting changes in
circumstances that might negatively affect their ability to provide
for the identified needs of the child.
  SEC. 4.  Section 16121.05 of the Welfare and Institutions Code is
amended to read:
   16121.05.  (a) The department may recover any overpayments of
financial assistance under the Adoption Assistance Program, and shall
develop regulations that establish the means to recoup them,
including an appropriate notice of action and appeal rights, when the
department determines either of the following applies:
   (1) The adoptive parents are no longer legally responsible for the
support of the child.
   (2) The child is no longer receiving support from the adoptive
family.
   (3) The adoptive family has committed fraud in its application
for, or reassessment of, the adoption assistance.
   (b) Children on whose behalf an adoption assistance agreement had
been executed prior to October 1, 1992, shall continue to receive
adoption assistance in accordance with the terms of that agreement.
   (c) Payment shall begin on or after the effective date of an
adoption assistance agreement, or a deferred adoption assistance
agreement, or a final decree of adoption, provided the adoption
assistance agreement has been signed by all required parties prior to
or at the time the adoption decree is issued by the court.
   (d) Children on whose behalf an aid for adoption of children
agreement had been executed prior to October 1, 1982, shall continue
to receive aid for adoption of children benefits in accordance with
the terms of that agreement.  This aid for adoption of children
agreement may be renewed, provided total benefits do not exceed five
years.  Prior to the end of the five-ygear period, if there is a
continuing need related to a chronic health condition of the child
that necessitated the initial financial assistance, the time period
for which it may be given shall be determined by the department or
the agency, but shall not extend past the time that the child reaches
18 years of age.  Prior to the expiration of the extension period,
if there is a continuing need, a parent may petition the department
or the designated licensed adoption agency for a new period of
termination.  The department or the agency shall make its
determination regarding the financial ability of the parents to meet
the continuing medical needs of the child's health condition at the
time of adoption, taking into consideration community resources.
  SEC. 5.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
